Walmsley v. RCO Legal, PC et al

Filing 33

ORDER: This matter is dismissed without prejudice for failure to prosecute. The Court will enter judgment accordingly. Signed on 01/18/2017 by Magistrate Judge Mark D. Clarke. (rsm)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION

JAMES A. WALMSLEY,

Civ. No. 1:16-cv-01551-CL

Plaintiff,
ORDER
V.

RCO LEGAL, P.C.; DOES 1-25, employees
of RCO Legal, P.C.; TONY KULLEN;
DEUTSCHE BANK TRUST
COMPANY AMERICAS, as trustee for
Rali 2007-QA3, its successor in
interest and/or assigns; OCWEN LOAN
SERVICING; STEVEN L. HARRIS;
and JOHN DOE 1-10,
Defendants.

CLARKE, Magistrate Judge.
On August 1, 2016, Plaintiff James M. Walmsley, appearing prose, filed a complaint
(#1). The defendants later filed motions to dismiss. (#15, # 17 & # 18). On November 18, 2016,
the Court provided the plaintiff with a Motion to Dismiss Advice Notice (#23), informing the
plaintiff of the parameters of a Rule 12(b) motion. The notice also informed the plaintiff that his

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response to the defendants' motions to dismiss was due December 22, 2016. Ten days after the
advice notice was sent, the defendants moved to extend the pretrial schedule (iF26), stating that
the defendants had received information from the plaintiff's prior counsel that the plaintiff may
be deceased. The defendants had been unable to verify this account, however, and ask for the
extension in order to confirm the plaintiff's death and/or to allow the plaintiff's estate time to
consider how they wished to proceed.
The plaintiff did not respond to the defendants' motions to dismiss by the December 22
deadline, and neither the defendants nor the Court has been able to successfully contact the
plaintiff. Indeed, to date, no communication from the plaintiff to the Court has been received.
Therefore, it is ordered that this matter is dismissed without prejudice for failure to prosecute.
The Court will enter judgment accordingly.

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